GENERAL TERMS AND CONDITIONS OFSMARTLOFT APARTMENTS&ART, ARNOLD & KLAUCK GBR
I. SCOPE OF APPLICATION
1.These terms and conditions apply for the rental of apartments, lodging, and allfurther services and deliveries provided to the tenant by the ARNOLD &KLAUCK GBR.
2.The subleasing and subletting of the apartments as well as their use for anyother cause than accommodations as well as their use by more users than pointedout in the reservations need to be confirmed in written by ARNOLD & KLAUCKGBR.
3.The tenant business conditions will only be valid if they have been explicitlyagreed on in written beforehand.
II. CONCLUSION, PARTNERS,LIABILITY and LIMITATION of the CONTRACT
1.The contract is concluded by the reservations of the tenant and the writtenconfirmation by ARNOLD & KLAUCK GBR.
2.Contractual partners are the ARNOLD & KLAUCK GBR and the tenant. If a thirdparty makes reservations for the tenant, this third party will be liable forall duties of the reservation contract together with the tenant as jointdebtors.
3. Allclaims against the ARNOLD & KLAUCK GBR are generally limited to one year,starting with the regular annual statute of limitation, liable to theacknowledgement according to §199 Abs. 1 BGB. Claim for damages are limited tofive years, not depending on awareness. The reductions of limitation are notvalid in claims that are based on intentional or grossly negligent breach ofduty by ARNOLD & KLAUCK GBR.
4.The tenant is fully liable for any damage caused by himself. The credit carddata, as used for the reservation, may be used for settling claims byARNOLD&KLAUCK and the credit card may be charged for the amount necessaryfor the geulation of the damage. The burden of proof for the amount of thedamage is at ARNOLD & KLAUCK GBR.
III. SERVICES; PPRICES; PAYMENTS;OFFSETTING
1.ARNOLD & KLAUCK GBR is obliged to hold the apartments ready as reserved bythe tenant and perform all services as agreed upon.
2.The tenant is obliged to pay all valid or agreed prices for the rental of theapartment, and all services he made use of, upon check-in. This also applies toall services and expenses of ARNOLD & KLAUCK GBR against any third party asdisposed by the tenant. Services that are made use of after the begin of therental period, such as cleaning costs, drinks, and other services have to bepayed before departure. If, for unpredictable reasons, it is impossible for thetenant to pay before departure, the ARNOLD & KLAUCK GBR is entitled to usethe deposited credit card data to debit the debts.
3.The prices, as agreed upon, include the legal added value tax and the Berlinaccommodation tax.
4.Prices can be changed by ARNOLD & KLAUCK GBR in the aftermath, if thetenant requests a subsequent change in number of booked apartments, services ofARNOLD & KLAUCK GBR, or the duration of stay of the guests and ARNOLD& KLAUCK GBR confirms those changes.
5.Invoices by ARNOLD & KLAUCK GBR without due date have to be paid within 10days upon receipt and without any deduction. ARNOLD & KLAUCK GBR isentitled to make accumulated claims due at any time and request sudden payment.For a delay of payment, ARNOLD & KLAUCK GBR is entitled to charge aninterest of 8%, respectively 5% for legal business with a consumer involved,above the base interest rate. ARNOLD & KLAUCK GBR reserves the right toaccount for a higher damage, the tenant reserves the right to account for aless important damage.
6.ARNOLD & KLAUCK GBR is entitled upon or after conclusion of the contractand regarding the legal regulations, to charge an appropriate advance paymentor bail. Any advance payment and due dates have to be agreed upon in writtencontract.
7.The tenant is allowed to offset or reduce the claim of the ARNOLD & KLAUCKBGR only by an indisputable and legally determined claim. The entireaccommodation price minus the amount paid in advance is due upon arrival.
8.ARNOLD & KLAUCK GBR offers various methods of payment. Possible extracharges of the German credit economy or the card-providing bank establishmentscan be demanded from the tenant.
IV. WITHDRAWAL OF THE TENANT
1.Cancellation, reversal, non-utilization or agreed services. A withdrawal of thetenant from the contract as agreed upon with ARNOLD & KLAUCK GBR requiresthe written confirmation by ARNOLD & KLAUCK GBR. Without this writtenconfirmation the tenant has to account for all agreed prices from the contract,even if the services were not utilized. This in not valid in any case ofviolation of the duty of ARNOLD & KLAUCK GBR to consideration of rights,legal assets and interests of the tenant if therefore adhering the contractwould be unreasonable for the tenant or if there is any other legal orcontractual right of withdrawal for the tenant.
2.If ARNOLD & KLAUCK GBR and the tenant agree upon free withdrawal in writtenform, the tenant is able to withdraw from the contract until the agreed upondue date without causing any compensation or payment claims from ARNOLD &KLAUCK GBR. The tenants right of withdrawal expires if the tenant did notutilize it in written form against ARNOLD & KLAUCK GBR until the due date,unless a case as in number 1 sentence 3 is applicable.
3.In the case of services non-utilized by the tenant, ARNOLD & KLAUCK GBR hasto take into account the income from further letting of the apartment as wellas saved expenses
4.ARNOLD & KLAUCK GBR is free to charge the payment as agreed upon andgeneralize remitted expenses. The generalized withdrawal fee is 20% of thetotal rate for all withdrawals before 31 days prior to the arrival date, 35% ofthe total rate within 30 days prior to the arrival date, 50% of the total ratewithin 15 days prior to the arrival date, 80% of the total rate within 7 daysprior to the arrival date and 100% of the total rate for cancellations on theday of arrival or for non-arrival. The tenant is entitled to prove that thedamage has not, or not in the charged amount, been resulting.
V. WITHDRAWAL of ARNOLD &KLAUCK GBR
1.If a free right of withdrawal for the tenant has been agreed on in written,ARNOLD & KLAUCK GBR is also entitled to withdraw from the contract duringthis period of time, if there are requests for reservations of the contractualbooked apartments by other potential tenants, unless the tenant abandons hisright to withdraw upon request by ARNOLD & KLAUCK GBR.
2.If an agreed upon or, according to paragraph III no. 6, charged advance paymentis not paid, even within a reasonable grace period as defined by ARNOLD &KLAUCK GBR, ARNOLD & KLAUCK GBR is also entitled to withdraw from thecontract.
3.Furthermore, ARNOLD & KLAUCK GBR is entitled to withdraw from the contractfor objective reasons, e.g. if a) higher powers or other events out of theinfluence of ARNOLD & KLAUCK GBR make a fulfillment of the contractimpossible; b) apartments have been booked with misleading or wrong informatione.g. about the person of the tenant or the cause of the rental; c) ARNOLD &KLAUCK GBR is of the justified opinion that the utilization of the servicesoffered by ARNOLD & KLAUCK GBR can cause damage in the business, safety orreputation of ARNOLD & KLAUCK GBR in public without being associative tothe power or organization of ARNOLD & KLAUCK GBR; d) there is any violationof paragraph I no.2.
4.In case of a justified withdrawal of ARNOLD & KLAUCK GBR no claim fordamage results for the tenant.
VI. PROVISION of APARTMENTS, USAGE/HOUSERULES, HANDOVER and RETURN of KEYS
1.The tenant is entitled to be provided an apartment of his booked apartmentcategory or, if the chosen category cannot be provided, the next best category.
2.The tenant makes an appointment for the handover and the return of the keys ofthe apartment in advance via telephone or via e mail.
3.Booked apartments are available for the tenant from 2pm of the agreed arrivaldate. The tenant has no right to claim an earlier availability.
4.On the agreed departure date, the apartments have to be cleared and madeavailable for ARNOLD & KLAUCK GBR by 11am.
5.If the apartment is not available by 11am, ARNOLD & KLAUCK can charge 50%of the entire accommodation price (as listed) from the tenant for thenon-contractual usage of the apartment. If the apartment is not available by6pm, 100% of the daily accommodation price can be charged. This extra chargedoes not justify any contractual claims by the tenant. The tenant has theright to demonstrate to ARNOLD & KLAUCK GBR that there has been no lossincurred, or that the incurred loss has been less than the stated amount.
6.For any damage caused by the tenant or by guests of the tenant, the tenant isfully liable. The costs incurred including potential losses by downtime arecharged to the tenant.
7.Departure from the apartment: It is to be assured that upon leaving thefurnished apartments all windows, doors and taps are closed and all electricinstallations and machines are turned off and that the apartment is left in aclean and cleaned condition.
8.The tenant of the furnished apartment is obliged to follow the quiet hours(1pm-3pm and 8pm-7am) and the general house rules of the apartment building
9.In case of a loss of the keys, the tenant is charged for the installation of anew locking cylinder. ARNOLD & KLAUCK GBR is obliged to provide proof ofthe costs for the installation.
VII. LIABLITY of ARNOLD &KLAUCK GBR
1.ARNOLD & KLAUCK GBRis to act with the due diligence of a prudent merchant and is liable as suchfor the obligations arising from the contract. No claims may be asserted by thetenant for damages. Excluded from the above are such claims as are asserted inrespect of damage to life, body or health where ARNOLD & KLAUCK GBR isresponsible for the given breach of duty, other claims attributable to a wilfulor grossly negligent breach of duty on the part of ARNOLD & KLAUCK GBR andclaims attributable to the wilful or negligent violation by ARNOLD & KLAUCKGBR of obligations typical of the contract concerned. A breach of dutycommitted by a legal representative or agent is deemed to be equivalent to thatcommitted by the hotel. Should disruptions or defects occur in respect ofservice provision on the part of ARNOLD & KLAUCK GBR, ARNOLD & KLAUCKGBR is to act to remedy such upon its knowledge of the disruptions or defectsconcerned or upon complaint lodged without delay by the tenant. The tenant isobliged to do everything that can be reasonably expected of him to help remedythe given defect and minimise any possible damage.
2.ARNOLD & KLAUCK GBR is not to be held liable for property brought into theapartment.
3.Newspapers, mail and packages for the tenant will be handled carefully. ARNOLD& KLAUCK GBR takes care of delivery, storage and, for an extra fee,forwarding.
4.The tenant enters the premises provided by ARNOLD & KLAUCK GBR at his ownrisk. ARNOLD & KLAUCK GBR is not liable according to legal provisions forany damage of life, body and health.
VIII. DATA PROTECTION
1.The tenant is hereby, according to §33 BSDG (German Data Protection Act) and §3TDDSG (German Teleservices Data Protection Act), informed that ARNOLD &KLAUCK GBR stores his inventory data (name/address) in machine-readable formand, only for the purposes that arise from the contract, processes themautomatically.
2.ARNOLD & KLAUCK GBR is entitled to disclose customer data if necessary fora safe continuing of business.
3.ARNOLD & KLAUCK GBR reserves the right to keep the credit card data,submitted by the tenant upon booking, safe in its documents, until all costscharged to the tenant have been regulated.
IX FINAL PROVISIONS
1.Changes of and additions to the contract, the offer acceptance or those termsand conditions for ARNOLD & KLAUCK GBR are only valid in written form.Unilateral changes and additions by the tenant are invalid.
2.Court of performance and payment is that of ARNOLD & KLAUCK GBR
3.Solely court of jurisdiction – including cheque and change disputes – is incommercial dealings in Berlin, as far as any contractual partner fulfills therequirements of § 38 Part 1 ZPO (Code of Civil Procedure) and has no court ondomestic territory, Berlin is also court of jurisdiction.
4.The law of the Federal Republic of Germany applies. The appliance of the UN sales law andthe conflict law is excluded.
5.Severablity clause: If any conditions of those terms and conditions are invalidor void, the validity of the remaining conditions is untouched. Rather, thevoid condition is to be replaced by another one that is most similar ineconomic means. Furthermore the legal requirements apply.
ARNOLD & KLAUCK GBR Berlin, July 2008
smartloft apartments&art, Choriner Str. 7, 10119 Berlin-Mitte, tel. +49 (0)30 4403 23 44, fax +49 (0)30 2639 1730 1027, firstname.lastname@example.org